Opinion
Criminal No. 06-291.
May 2, 2007
ORDER
AND NOW, this 2nd day of May, 2007, upon consideration of Defendant's Motion to Suppress Statements (document No. 34) filed in the above captioned matter on February 20, 2007, and upon further consideration of the Government's Response thereto,
IT IS HEREBY ORDERED that said Motion is DENIED. The Court finds that, based upon the totality of the circumstances presented at the pretrial conference held in this matter on April 2, 2007, Defendant was advised of his Miranda rights, and Defendant's waiver of these rights, and subsequent statements, were made knowingly, voluntarily, intelligently and without threat or coercion. See Schneckloth v. Bustamonte, 412 U.S. 218 (1973); see also United States v. Velasquez, 885 F.2d 1076, 1086 (3d Cir. 1989).
AND, further, upon consideration of Defendant's Motion to Suppress Tape Recorded Statements (document No. 35) filed in the above captioned matter on February 20, 2007, and upon further consideration of the Government's Response thereto,
IT IS HEREBY ORDERED that said Motion is DENIED, for the reasons set forth by the Court at the pretrial conference held on April 2, 2007, and the tape recordings shall be admissible at trial.
IT IS FURTHER ORDERED that Jury Selection and Trial in the above captioned matter will commence on Monday, May 14, 2007 at 9:30 a.m. Attached hereto are copies of the Court's standard voir dire and instructions for trial. Counsel for the Government and the Defendant shall submit any additional voir dire and proposed points for charge, with case authority, no later Tuesday, May 8, 2007.
Updated 7/9/03
COURTROOM DECORUM/INSTRUCTIONS FOR TRIALS HELD BEFORE THE HONORABLE ALAN N. BLOCH UNITED STATES DISTRICT JUDGE
Your compliance with the following is required.
1. Please be on time for each court session. Trial engagements take precedence over any other business. If you have matters scheduled in other courtrooms, appropriate motions to accommodate those obligations must be filed promptly.
2. Stand:
a. as Court is opened, recessed or adjourned.
b. when the jury is sent out for deliberations and not thereafter when the jury enters or leaves the courtroom.
c. when addressing, or being addressed by, the Court.
3. In your opening statement to the jury, do not argue the case and do not discuss law. Confine yourself to a concise summary of the important facts which you intend to prove. Do not describe in detail what particular witnesses will say.
4. In opening statements, counsel shall not read or purport to read from deposition or trial transcripts. In opening statements and in arguments to the jury, counsel shall not express personal knowledge or opinion concerning any matter in issue and counsel shall not suggest to the jury, directly or indirectly, that it may or should request transcripts or the reading of any testimony by the reporter.
5. Do not greet or introduce yourself to witnesses. Commence your examination without preliminaries.
6. Refer to all persons, including witnesses, other counsel and the parties by their surnames and not by their first or given names. Professional witnesses should be referred to by their appropriate title, i.e., doctor, professor, etc.
7. Counsel may either approach the Clerk's desk for purposes of handling or tendering exhibits or may approach witnesses for purposes of identifying and interrogation concerning exhibits without requesting permission from the Court.
8. Counsel should request permission before approaching the bench and any documents counsel wish to have the Court examine should be handed to the Clerk.
9. Do not approach the jury without leave of court.
10. Counsel shall address all statements to the Court, not to opposing counsel.
11. Avoid disparaging personal remarks or acrimony toward opposing counsel and remain wholly detached from any ill feeling between the litigants or witnesses.
12. Only one attorney for each party shall examine or cross-examine each witness. The attorney stating objections, if any, during direct examination shall be the attorney recognized for cross-examination and shall speak for their client at all side bar conferences.
13. The Court limits examination of each witness to direct examination, cross-examination, redirect examination, and recross-examination. That means that each party may question a witness only twice.
14. Do not pace about the courtroom when questioning witnesses. This distracts the jury and wastes time. Counsel may take any position in which they are comfortable, sitting or standing, when questioning witnesses.
15. Do not face or otherwise appear to address yourself to jurors when questioning a witness.
16. In examining a witness, counsel shall not repeat or echo the answer given by the witness.
17. It is the responsibility of the attorneys to mark exhibits. Exhibit numbers or letters must coincide with those numbers or letters that have been designated in the parties' pretrial statements. Any paper or object not previously marked for identification must first be marked and identified to the Court before it is tendered to a witness for examination. Any exhibit offered in evidence should, at the time of such offer, be handed to opposing counsel.
18. In advance of each trial session, counsel for the party going forward at that session should show opposing counsel the exhibits he/she intends to introduce at the session. The opponent shall indicate those exhibits to which he has no objection, and the Court will admit them when offered at the session.
19. All exhibits already admitted into evidence must remain on the table immediately in front of the bench at all times, except when being used as part of the examination of a witness. Do not take exhibits to counsel table.
20. If you intend to question a witness about any document or exhibit, place all such documents or exhibits that will be used during the examination of that witness at the witness stand prior to the commencement of direct examination or cross-examination.
21. At the conclusion of direct or cross-examination of a witness, counsel should return all exhibits which have been admitted into evidence to the exhibit table.
22. Offers of, or requests for, a stipulation should be made privately, not within the hearing of the jury.
23. The parties are to contact Judge Bloch's deputy clerk to make arrangements to use Court equipment. Court equipment available includes televisions, VCRs, overhead projector with screen, digital whiteboard, video-conferencing, and ELMO with monitors. Since Court equipment is assigned on a first-come/first served basis, the Court may not be able to honor requests made as late as the date of trial. Thus, the parties should speak to the deputy clerk about such matters upon notification of the date of trial. If parties desire to bring to the Court their own equipment and/or oversized demonstrative evidence, the parties should advise the Judge's deputy clerk no later than two days before trial in order for the Court to make arrangements with the U.S. Marshal's Office. Whether Court equipment or private equipment is used, the parties are required to retain their own professional operator.
24. When you make objections, state the objection and the legal basis for said objection. Do not make any further argument in the presence of the jury concerning said objection unless elaboration is requested by the Court. Do not argue with the ruling of the Court on said objection.
25. Side bar conferences will be kept to a minimum. This court agrees with Standard 5.9 of the Standards suggested by the American Bar Association Advisory Committee on the Judge's Function (1972):
The trial judge should be alert to the distracting effect on the jury during the taking of evidence of frequent bench conferences between counsel and the judge out of the hearing of the jury, and should postpone the requested conference to the next recess except when an immediate conference appears necessary to avoid prejudice.
26. The Court will charge the jury prior to closing arguments. In your final argument, you may quote the charge verbatim on a particular subject.
27. When the court recesses or adjourns, attorneys and their support people, as well as witnesses, shall stay in place until the jury has left the courtroom.
28. Counsel shall admonish all persons at counsel table and all persons related to or connected to the party they represent that gestures, facial expressions, audible comments, or the like, and manifestations of approval or disapproval during the testimony of witnesses, or at any other time, are absolutely prohibited.
Part III:
(Judge, address the entire panel and state): THE COURT WILL BE ASKING YOU A NUMBER OF QUESTIONS. IF YOUR ANSWER TO ANY OF THESE QUESTIONS IS "YES," STAND AND STATE YOUR JURY NUMBER. DO NOT SUPPLY ANY OTHER INFORMATION UNTIL YOU ARE ASKED FURTHER QUESTIONS. THEN ANSWER ANY FURTHER QUESTION YOU ARE ASKED. DO NOT VOLUNTEER ANY INFORMATION NOT ASKED FOR. IF YOU ARE UNCERTAIN IF THE ANSWER TO THE QUESTION IS "YES" AS IT APPLIES TO YOU, YOU SHOULD STAND.
1. The defendant in this case is (A). Do you know him?
2. The lawyers in this case are:
a. for the government, Assistant United States Attorney (A); and,
b. for the defendant, (A) of the firm of (A).
Do you know these lawyers? Have they or their firms ever represented you or members of your "immediate" family? Immediate family consists of husband, wife, mother, father, grandparent, brother, sister, children, and anyone else living in your home. Also sitting at counsel table with the government attorney is _________________________________, the Agent-in-Charge in this case. Do any of you know the agent?
3. Are you or any members of your immediate family employed by the Federal government (with the exception of military service)?
a. Who is employed by the Federal government?
b. What agency?
c. What is their job?
d. At what location?
e. For how long have they held that job?
4. Have you or any members of your immediate family ever been employed by any law enforcement agency in a paid or volunteer capacity?
a. Who is employed by a law enforcement agency?
b. What agency?
c. What is their position?
d. At what location?
e. For how long?
5. Do you know of any reason why you could not render a fair and impartial verdict in this case?
Part IV:
(Judge state): THE CLERK WILL CALL THE JURORS FROM THE RANDOMIZED JURY LIST.
Part V:
(Judge) State: OF THOSE PLACED IN THE JURY BOX, EACH OF YOU WILL PLEASE STAND, GIVE YOUR JURY NUMBER, THE MUNICIPALITY IN WHICH YOU RESIDE, AGE, EXTENT OF EDUCATION AND YOUR OCCUPATION. YOUR OCCUPATION SHOULD CONSIST OF THE COMPANY YOU WORK FOR AND WHAT YOUR JOB IS. THEN GIVE THE SAME INFORMATION FOR YOUR SPOUSE. IF YOU ARE RETIRED, GIVE THE LAST PLACE OF EMPLOYMENT. IF YOUR SPOUSE IS DECEASED OR RETIRED, GIVE THE LAST PLACE OF EMPLOYMENT. ALSO, STATE THE EMPLOYER AND OCCUPATION OF ANY OF YOUR CHILDREN THAT ARE WORKING IN THE WESTERN DISTRICT OF PENNSYLVANIA.
Part VI: (Individual voir dire).
6. Have you or any members of your immediate family ever been the victim of a crime or ever been a witness or a defendant in a criminal case?